Non-European nationals may be eligible to apply to come to the UK as the dependent child, dependent parent or adult dependent relative of a British citizen or person with settled status (known as Indefinite Leave to Remain –ILR), refugee leave or humanitarian protection, or person with limited leave as point based system migrant. The parent of a child or family member of a migrant worker already here may also be eligible to apply for a visa or leave to remain.
Adult Dependents & Children
We know the stress you are having while living apart from your loved ones. Bringing them to the UK or sorting out their immigration status could be even more stressful because of complex immigration Rules. Our immigration Solicitors can assist you to advise you as to the right application, eligibility, required documents, procedure, timescales, associated costs and most important the 'prospects of success'.
The dependent child of a British citizen or a person with settled status can apply for permission to enter and/or remain in the UK for a limited time or permanently. To qualify the Immigration Officer must be satisfied that;
- Child is under 18
- Child is not leading an independent life
- Child is not married or in a civil partnership and has not formed an independent family unit
- Child is financially and emotionally dependent of the sponsor parent and there is no such support in home country
- There are several additional requirements for adopted children
- In exceptional circumstances a dependent child over 18 may be able to apply in this category
If the parent of the dependent child applies to enter or remain in the UK as a partner or parent, they must meet a financial requirement. In all other cases the parent will need to show they can accommodate the child without help from public funds. In some cases, depending on the status of the parent(s) settlement, the child may need to apply as a points-based system (PBS) dependent.
Adult Dependent Visas
If you are a non European or British national Parent, Grandparent, Sibling or a Child over the age of 18 of a British citizen or a person with settled status in the UK, you can only apply for permission to come to the UK in exceptional circumstances, i.e. where you need long-term personal care that your UK sponsor can provide or emotional and financial dependent of your sponsor and no such support is available to you in your home country. The application must be made from outside the UK and a visa obtained before travelling.
The Parent of a Child in the UK
As the parent of a child who is a British citizen or settled in the UK, you can apply for permission to enter or stay here. You will need to establish that you have sole responsibility for the child, or at the very least access rights by the order of a court of law. You must also show that you can maintain yourself without relying on UK public funds, together with suitability and English language requirements. If you meet all the requirements you will be given temporary permission to remain in the UK. If you continue to meet immigration Rules requirements for five years, you will be able to apply for settlement (ILR).
If you are outside the UK you must obtain your visa (entry clearance) before travelling. If you are already in the UK you may be eligible so long as you are not on a visitor visa or on temporary admission, permission to stay was not given for a period of less than 6 months (unless as a fiancé(e) or proposed civil partner) and you are not in breach of the Immigration Rules.
Family Members of Migrant Workers
If you are the partner or dependent child (under 18) of a migrant worker who is already in or coming to the UK under most categories of the points-based system i.e. (tier 1 investor, entrepreneur, high-value migrant, tier 2 skilled worker) you can apply for a visa to join them here as a PBS dependent. You will need to show that you intend to live with the migrant worker, your relationship is genuine, or for children, you have not formed an independent family unit or leading an independent life. The migrant worker will also need to prove that they can support you without relying on public funds.
How can we help you?
Joyya Law Associates can provide you with advice on the documents you and your sponsor must include with your application, prepare the online or paper application form for you and draft representations in support of your application, if needed.
We understand that immigration law is not as straightforward as it is thought to be, so we are here to work with you and hopefully to increase the chances of success of your application.
Joyya Law Associates’ Immigration Solicitors are here to give you friendly, complete and realistic advice on your Application.